Digests

Decision Information

Decision Content

Fouchong v. Canada ( Secretary of State )

IMM-7603-93

MacKay J.

18/11/94

6 pp.

Application for judicial review of CRDD decision applicant not Convention refugee under Immigration Act, s. 2(1)-Claim to refugee status based upon fear of persecution at hands of ex-husband on grounds of membership in social group comprised of women victims of domestic abuse and violence who could not obtain protection from state-Applicant, citizen of Grenada, arrived as visitor in March 1988-Claimed Convention refugee status in June 1988-Divorced in 1992 after beatings, sexual abuse from husband-Tribunal not properly assessing whether merit to applicant's claim to membership in particular social group-Inappropriate to define social group solely by reason of common victimization of members of group-Tribunal failing to explicitly assess applicant's claim in relation to Guidelines concerning Women Refugee Claimants Fearing Gender-Related Persecution-Guidelines not binding but intended to be considered by members of tribunal in appropriate cases-Conclusion of tribunal that protection of applicant could be expected from authorities in Grenada not unreasonable on evidence before it-Documentary evidence concerning efforts of government in Grenada to provide protection for victims of violence, particularly women-Where protection available, no well-founded basis for fear of persecution-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 2(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1).

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.